the appeals court has to respond/decide within 21 days? but i don’t think the “ACTION REQUIRED” thing is anything other than stating urgency in their request. They aren’t beholden to it.
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Were quoting peter ovo now? Lol
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I believe that only Corley can extend the TRO and Microsoft has to consent to it
The only thing the appellate judges can do is grant emergency relief
I stumbled upon these because of algorithm. Only grasp on what I think it could be discussed over here, especially since I need a distraction since everyone was already gearing towards doomsday (yet again).
An appeal is months of time. They won’t be deciding on an appeal for a while. The decision for a judge to take today is whether to grant an emergency stay today. That stay would be in all likelihood to cover the appeal process. In effect a stay would kill the deal.
https://twitter.com/jezcorden/status/1679672804961124354?s=46&t=O_AGT9SEnlptKOF_2SxtqQ
I do hope if they make a new documentary on Xbox, this alone will be episode worth.
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So by 25 hours and 15 minutes time we will finally know if this deal can close. That sound about right?
Though there’s potential for the tro to be extended for a short period whilst still giving the deal time to close.
Please let it be over tomorrow and also us UK folk not screwed too much.
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It’s the final countdown.
I believe what @proelitedota is referring to is similar to what Idas has stated. He sees the scenarios as follows:
- Granting an injunction pending appeal (MS/ABK would have to extend a few months the outside date)
- Extending the district court’s TRO by issuing an administrative stay, to allow it more time to consider the motion
- (MS/ABK couldn’t close during the weekend but maybe next week, if the FTC’s emergency motion is finally denied)
- Denying the FTC’s Emergency Motion (MS/ABK could close as soon as this weekend)
Michael Acton from MLex also said the 9th Circuit could also not say anything and therefore allowing the TRO to lapse.
I actually believe this has a good chance of happening. That the appellate court simply doesnt respond in time or completely ghost the FTC until after MS closes. The FTC are the only ones who want an emergency stay granted before the TRO expires, I cant see a scenario where 2 federal judges are going to grant this in less than 24 hours because the FTC is flailing their arms and screaming fresh off a glorious ass beating they just received
Its possible that the FTC do get their appeal but thats not what they want, they just want the emergency stay in order to stall for a bit more time, I can’t imagine a scenario where federal judges don’t see through this crap. As if they weren’t paying any attention to last few weeks
2 federal judges: “gee we better grant this emergency stay even though its been less than 48 hours because the losers who just just got railed in court are asking for it”
I think theres a better chance that the appellate judges tell the FTC to go pound sand because they had 18 months to settle this and waited until the last possible minute to pursue any legal action
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I have a bad feeling about all this. Maybe it’s my scepticism of the US justice system but I just have a hunch we are about to see a big spanner thrown into the works.
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I am shocked. Utterly shocked.
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I know people are on edge and dismiss anything like this as ‘concern trolling’. But with how ridiculous this whole saga has been, Its hard to be confident with how utterly confusing this process has been.
I understand peoples trepidation, a lot of people being labeled as bad faith in here for valid concerns.
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It’s simply the fact that many are saying there is a possibility they order a short stay as they won’t have time to rule on a stay pending appeal and therefore will maybe order a week long stay to properly assess the case.
The problem with that to me is it sounds reasonable. As in - why wouldn’t they want more than a few hours to decide.
But it takes it past the end date. But then that isn’t the fault of the appellate court and their job is to make a reasonable decision.
As someone who has seen the documentary “USA vs. Al-Arian”, I can’t blame anyone remaining skeptical.
Anything can happen especially when you’re dealing with a highly motivated side that has zero case. They’ll do anything and everything until the final second of the final minute of the final hour.
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The thing is it’s already been in front of a federal judge who ruled against an injunction. So the FTC are asking a panel of judges to rule another judge made enough mistakes that this needs another hearing.
Edit: I’m not saying the judges might not extend the TRO but they could just as easily let it expire and keep the hearing further down the road or just say the judges ruling was correct and they don’t need an appeals hearing
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FTC can be highly motivated, but it’s not their decision anymore. The court may grant the temporary restraining order, it may dismiss FTC’s appeal, or it may simply not respond today as the judges are busy with other cases.
Being pessimistic, optimistic or anything between has zero impact on the outcome. But reiterating how the deal is doomed to fail has been that user’s MO, which I find funny at this point.
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I think It’s best to look at facts we already have rather than gut feel.
First, the appeal is about the Corleys’ judgment, not going over all the details again. and we all saw her judgment and the quality of her document, and the appeal paper FTC supplied, I don’t think FTC really made any good disputing points in there at all. like, argue Corleys give MS’s under oath statement too much weight but cannot deny their own case and rely on Sony’s testimony even more. and talk about how extending the TRO would not likely kill the deal but totally not talk about why they only brought the case to court almost on the deal’s deadline, these are just too easy to dismiss.
Second, a TRO is seen as a rights-denying action so it’s not extended casually, I don’t think it will be handed out just be ‘cautious’, if they want to be ‘cautious’, the assumption is to assume the previous judgment is just and not denying the winning party’s right. If an extension is actually handed out, I think that indicates the appeal judge believes Corleys’ judgment is off the mark quite a bit to warrant a TRO staying. Again, we all can see the judgment and arguments, it is simply unlikely to be the case.
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I believe it’s just this user is known to be this. Happiness is as rare as Levi from Attack on Titan smiling. If it happens, get that camera because you’ll miss it forever.
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I don’t think they can extend the TRO it’s whether they grant a temporary stay in lieu of a hearing to determine whether an injunction is needed ahead of appeal.
The issue for me is that people are saying the legal arguments from FTC aren’t as dreadful as before and that the appellate court may need time to pick them apart and MS’ response. To me there is no grounds for any of this. I hope sense prevails. But I worry.